ORDINANCE APPROVING, ADOPTING AND RATIFYING PROPRIETARY BUDGETS, SPECIAL ASSESSMENT DISTRICT RATES AND BUDGETS, AND OTHER BUDGETS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A SHORT TITLE; INCORPORATING THE FY 2010-11 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET CHARGES, AUTHORIZING FEES CONSISTENT WITH APPROPRIATIONS AND PROVIDING FOR THEIR AMENDMENT; APPROVING REVISED FEES, CHARGES, AND IMPLEMENTING ORDERS FOR VARIOUS DEPARTMENTS AND AGENCIES; APPROVING THE FY 2010-11 PAY PLAN; AUTHORIZING ALLOCATIONS AND REALLOCATIONS OF BOND PROCEEDS AND INTEREST EARNINGS; AUTHORIZING THE COUNTY MAYOR TO PROVIDE BOND ISSUE RESERVES; ESTABLISHING SUCH FUNDS AS MAY BE APPROVED DURING THE YEAR AND PROVIDING FOR THEIR EXPENDITURE; AUTHORIZING PAYMENT OF LOCAL BUSINESS TAX SURCHARGE TO BEACON COUNCIL; APPROPRIATING GRANT, DONATION, AND CONTRIBUTION FUNDS; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE CERTAIN FUNDING AGREEMENTS; CONTINUING THE MUNICIPAL SERVICES TRUST FUND; AMENDING CHAPTER 8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REFLECT THE MERGER OF THE BUILDING CODE COMPLIANCE DEPARTMENT INTO THE BUILDING AND NEIGHBORHOOD COMPLIANCE DEPARTMENT; SUPERSEDING PRIOR ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE

County Attorney Cuevas read the foregoing proposed ordinance into the record.
Hearing no questions or comments, the Commission voted to adopt the foregoing proposed ordinance on first reading.
(NOTE: See Legislative File No. 111579 entitled "Report re: Information for the 1st Budget Hearing" for additional information).

Legislative Text

TITLE

ORDINANCE APPROVING, ADOPTING AND RATIFYING PROPRIETARY BUDGETS, SPECIAL ASSESSMENT DISTRICT RATES AND BUDGETS, AND OTHER BUDGETS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A SHORT TITLE; INCORPORATING THE FY 2010-11 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET CHARGES, AUTHORIZING FEES CONSISTENT WITH APPROPRIATIONS AND PROVIDING FOR THEIR AMENDMENT; APPROVING REVISED FEES, CHARGES, AND IMPLEMENTING ORDERS FOR VARIOUS DEPARTMENTS AND AGENCIES; APPROVING THE FY 2010-11 PAY PLAN; AUTHORIZING ALLOCATIONS AND REALLOCATIONS OF BOND PROCEEDS AND INTEREST EARNINGS; AUTHORIZING THE COUNTY MAYOR TO PROVIDE BOND ISSUE RESERVES; ESTABLISHING SUCH FUNDS AS MAY BE APPROVED DURING THE YEAR AND PROVIDING FOR THEIR EXPENDITURE; AUTHORIZING PAYMENT OF LOCAL BUSINESS TAX SURCHARGE TO BEACON COUNCIL; APPROPRIATING GRANT, DONATION, AND CONTRIBUTION FUNDS; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE CERTAIN FUNDING AGREEMENTS; CONTINUING THE MUNICIPAL SERVICES TRUST FUND; AMENDING CHAPTER 8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REFLECT THE MERGER OF THE BUILDING CODE COMPLIANCE DEPARTMENT INTO THE BUILDING AND NEIGHBORHOOD COMPLIANCE DEPARTMENT; SUPERSEDING PRIOR ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. This ordinance shall be known and may be cited as the "2010-11 Miami-Dade County Self-Supporting Budget Ordinance."

Section 2. Pursuant to Section 5.03(B) of the Home Rule Charter, the County Mayor has recommended a proposed budget for Miami-Dade County, Florida, for the fiscal year commencing October 1, 2010. Said proposed budget document as submitted to the Board of County Commissioners (“Board”) is incorporated herein by reference and is amended to include all of the applicable changes contained in the September 13, 2010, memorandum from the County Manager, entitled “Information for First Budget Hearing – 2010-11 Proposed Budget”.

Section 3. The budget proposed, including the five-year financial plan contained therein, is hereby approved and adopted, including the budgets for Special Assessment Districts, and the budgeted revenues and expenditures therein are hereby appropriated. Department expenditure allocations established by the County Mayor as revised and summarized in the attached budget are adopted as limitations of all expenditures, except as hereinafter provided; and appropriations hereby have been provided for outstanding indebtedness for the payment of vouchers that have been incurred in the current or prior year, but are not expected to be paid until the commencement of the new fiscal year. Receipts from sources not anticipated in the attached budget may be appropriated and expended by ordinance duly enacted by the Board in accordance with Section 129.06(2)(d), Florida Statutes, and Section 1.02(A) of the Miami-Dade County Home Rule Charter. Adjustments within the same fund to departmental appropriations made in the attached budget may be approved from time to time by motion duly adopted by the Board in accordance with Section 129.06(2)(a), Florida Statutes, and Ordinance No. 07-45, as amended. The Director of the Office of Strategic Business Management is authorized to approve adjustments to expenditure code allocations within the limit of the departmental or other appropriations made in the attached budget. All adjustments made in accordance with this ordinance are approved and ratified.

Section 4. Pursuant to the authority of Chapter 8015, Special Acts of Florida, 1919, which authorizes the Board of County Commissioners of Miami-Dade County, Florida, to borrow money and to issue time warrants, and pursuant to the authority of Section 129.02(5), Florida Statutes, which permits funds of the County to be invested in securities of the federal government and of the local governments in Florida, or both, the Finance Director is hereby authorized to invest these monies in the time warrants of Miami-Dade County, Florida.

Section 5. As provided in Section 5.03(C) of the Home Rule Charter, the Board hereby authorizes the transfer of any portion of the earnings or balance of the several funds, other than sinking funds, for obligations not yet retired, to the general funds of the County provided that such transfer be deemed a cash advance to meet operating and other expenses approved by the Board, and that all such advances shall be reimbursed before the end of the fiscal year upon receipt of adequate tax or other appropriate revenues. Provided, however, that this section in no way limits or restricts the power of the Board to transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund or agency to another as provided by law pursuant to Section 5.03(C) of the Home Rule Charter.

Section 6. TO eliminate Building Code Compliance Office and Chief Building Code Compliance Officer, to transfer duties and functions from Building Code Compliance Office and Chief Building Code Compliance Officer to Building and Neighborhood Compliance Department, Secretary to the Board of Rules and Appeals and building officials, and to eliminate and transfer certain duties and functions of Board of Rules and Appeals; Chapter 8 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: 1

Chapter 8

BUILDING CODE
Art. I. ADMINISTRATION

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Sec. 8-5. Unsafe Structures.

(l) Unsafe Structures Board. The Unsafe Structures Board is hereby created, consisting of 13 members who shall be appointed by the Board of County Commissioners of Miami-Dade County, Florida.

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(3) Organization of the Board:

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(vi) The Director of the Miami-Dade County Building [[Code Compliance Office]]>> and Neighborhood Compliance Department<
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Sec. 8-8. Building Code [[Compliance Office]] >>Administration<[[(a) General. The Building Code Compliance Office is hereby established to ensure that the Building Code is uniformly enforced throughout the incorporated and unincorporated areas of the County, and to perform those duties and functions enumerated in Section 8-8(b) below. The Chief Building Code Compliance Officer shall be appointed by and shall serve at the will of the County Manager. The Chief Building Code Compliance officer shall serve as Secretary to the Board of Rules and Appeals and the Unsafe Structures Board. The Chief Building Code Compliance Officer shall be chosen on the basis of his/her qualifications and experience in the fields of building construction and the development and enforcement of construction regulations. Such individual shall be a professional engineer licensed to practice in the State of Florida under the provisions of Chapter 471, Florida Statutes; or an architect registered under the provisions of Chapter 481, Florida Statutes. The Chief Building Code Compliance Officer shall be responsible for the implementation of the directives of the Board of Rules and Appeals relating to the Building Code. The Chief Building Code Compliance Officer shall also be responsible for the approval of construction materials and assemblies pursuant to the provisions of the Building Code and the administrative order governing such approvals. The organization and operating procedures of this Office shall be described in administrative orders and regulations of the County Manager. The Manager shall appoint such employees and other personnel, including technical staff in each of the building trades, and sufficient administrative and clerical support to discharge the duties of the office. The salaries and compensation of all personnel, except employees within the classified service, shall be fixed by the Board of County Commissioners upon recommendation of the Manager. The Chief Building Code Compliance Officer shall be exempt from the classified service.

(b) Duties and Functions.]] The Building [[Code Compliance office]] >>and Neighborhood Compliance Department through the Director or his or her designees<< shall perform the following duties and functions throughout the incorporated and unincorporated areas of Miami-Dade County:

(1) Administrative and legal support for the Board of Rules and Appeals and the Unsafe Structures Board[[;]]>>. The Director or his or her designee shall serve as Secretary to the Board of Rules and Appeals and the Unsafe Structures Board.<<

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Sec. 8-12. Fees.

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(d) Building Code [[Compliance]] >>Administration<< Fee. All applications for building permits and premise permits issued pursuant to the Building Code shall be on a form approved by the Board of Rules and Appeals and, in addition to any other fees charged by any County or municipal building official, shall include a Building Code [[Compliance]] >>Administration<< fee to be determined, assessed and collected in the manner contemplated in this section. The [[compliance]] >>administration<< fees paid by permit applicants shall be deposited in a separate County fund and shall be used exclusively for the Building [[Code Office]] >>and Neighborhood Compliance Department<< to pay for the costs of performing [[its duties and functions]] >>the Building Code administration functions as defined in Section 8-8 herein<(e) Assessment of code [[compliance]] >>administration<< fee. Prior to the issuance of any building permit pursuant to the Building Code, including any premise permit, each building official for Miami-Dade County or any municipality shall assess a code [[compliance]] >>administration<< fee in the amount of sixty cents ($0.60) per one thousand dollars ($1,000.00) or fractional value of the work to be done under the permit. This code [[compliance]] >>administration<< fee shall be in addition to and not in derogation of other fees and costs that may be payable as a condition of obtaining the permit and shall be nonrefundable. For purposes of the calculation of the code [[compliance]] >>administration<< fee, the value of the work to be done under the permit shall be determined as follows:

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(f) Exemption. A permit obtained for an individual trade or specialty shall be exempt from imposition of the code [[compliance]] >>administration<< fee provided that the value of the work for which such permit is obtained has already been subjected to the code [[compliance]] >>administration<< fee.

(g) Collection of fee. The governmental authority issuing a permit pursuant to the Building Code shall be responsible for the collection of the code [[compliance]] >>administration<< fee provided for in this section prior to the issuance of the permit. Any and all code [[compliance]] >>administration<< fees collected by Miami-Dade County and the municipalities shall be paid to the Miami-Dade County Finance Department not later than the fifteenth day of the month following the month of collection by wire transfer or check or through >>an<< automated clearing house. Notwithstanding the foregoing, in the event that the code [[compliance]] >>administration<< fee collected by any municipality shall not exceed one hundred dollars ($100.00) per month for a continuous period of three (3) months, then the [[Chief Building Code Compliance Officer]] >>Secretary of the Board of Rules and Appeals<>administration<< fee, not to exceed one and one-half (1 1/2) percent of the total remittance due for that period. In the event that the remittance is not made when due, the governmental authority shall remit to Miami-Dade County the entire balance of fees collected pursuant to this section to defray Miami-Dade County's additional costs incurred in connection with that government's delay in remitting the amount.

(h) Submission of report. Each governmental authority issuing permits pursuant to the Building Code shall, on or before the fifteenth day of each month or on >>a<< quarterly basis as may be allowed by the [[Chief Building Code Compliance Officer]] >>Secretary of the Board of Rules and Appeals<< pursuant to Section 8-9(f), submit to the << [[Building Code Compliance Officer]] >>Secretary of the Board of Rules and Appeals<>Secretary of the Board of Rules and Appeals<< may reasonably require to oversee collection of the code [[compliance]] >>administration<< fee. Permit and permit fee collection records of all governmental authorities subject to this section shall be available for audit and review by Miami-Dade County at all times.

(i) Payment of permit fees and charges.

(1) Notwithstanding any provisions of this Code to the contrary, all fees and charges assessed by County departments, including impact fees, which are required to be paid as a condition of the issuance of a building permit shall not be charged if all of the following conditions are met:

(a) The permit to be obtained will correct a violation for work without permit or for work with an expired permit for which the property owner has been cited by the Building >>and Neighborhood Compliance<< Department.

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Sec. 8-15. Material Violations of the Florida Building Code; >>Definition<
(a) Upon a determination by the [[Chief Building Code Compliance Officer]] >>Building Official<>Building Official<< shall impose a fine as provided below.

(b) Upon a finding of a material violation the [[Chief Building Code Compliance Officer]] >>Building Official<>Building Official<< upon an evaluation of the following factors:

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(c) The Notice of Material >>Code<< Violation shall also provide that the violation may be disputed by appropriate notice directed to the [[Chief Building Code Compliance Office]] >>Building Official<* * *

(e) In the event that the material violation is not cured to the satisfaction of the [[Chief Building Code Compliance Officer]] >>Building Official<< within the time specified, or disputed in the manner set forth above, the [[Chief Building Code Compliance Officer]] >>Building Official<< shall impose a fine per material violation of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense, two thousand dollars ($2,000.00) for the third offense and five thousand dollars ($5,000.00) for each subsequent offense.

(3) In the event that an inspection authority intends in good faith to employ an applicant for any of the categories regulated by this Chapter, it shall make application for certification. Applications for certification shall be made to the [[Building Code Compliance Office]] >>Secretary of the Board of Rules and Appeals<< on forms approved by the Board of Rules and Appeals and shall provide all relevant and necessary information prior to appointment by an inspection authority. Within ten (10) days of receipt of a properly completed application, the [[Building Code Compliance Office]] >>Secretary of the Board of Rules and Appeals<< shall, based on a preliminary review of the applicant's fulfillment of the qualifications contained in the law, as represented in the application, grant temporary certification or deny it, stating the reasons for denial. Pending review by the Board of Rules and Appeals, the inspection authority shall not employ any person for any position regulated by this Code without first obtaining temporary certification from the [[Building Code Compliance Office]] >>Secretary of the Board of Rules and Appeals<>Secretary of the Board of Rules and Appeals<< shall schedule the application for certification for consideration by the Board of Rules and Appeals at the earliest available meeting. The temporary certification shall only be effective through the date of final action by the Board of Rules and Appeals with respect to the application. The determination of the [[Building Code Compliance Office]] >>Secretary of the Board of Rules and Appeals<< to grant or deny certification shall not be binding upon the Board of Rules and Appeals. The determination of the Board of Rules and Appeals to grant or deny certification shall be final, subject to appeal as provided in section 8-4 of this code.

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(9) In the event that the Building Official is not available to perform his/her duties, the appointing authority shall appoint an Interim Building Official to perform the duties of Building Official. Such Interim Building Official must hold a current and valid certificate, issued by the Board of Rules and Appeals, as a Building Official, Chief, Plans Examiner or Inspector and meet the same minimum requirements for Building Officials. The appointing authority shall notify the [[Building Code Compliance Office]] >>Secretary of the Board of Rules and Appeals<
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Sec. 8-21.11. Recertification.

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(2) All Building Officials, Chiefs, Inspectors and Plans Examiners presently certified by the Board of Rules and Appeals may be recertified when meeting the following criteria:

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(cc) The individuals have attended continuing education classes, or seminars in their respective fields for a minimum of 16 hours during the previous >>two<< calendar years. Of the hours required, a minimum of 12 hours shall be satisfied by attendance at courses and/or seminars provided by the Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<>Construction<< Industry Licensing Board, or the Electrical Contractors’ Licensing Board, Board of Professional Engineers and the Board of Registered Architects. In the event that any courses satisfy the educational requirements of more than one discipline regulated by this Code, the Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<< shall certify the course, in whole or in part, to satisfy the educational requirements applicable to each discipline.

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Art. IV. PRODUCT APPROVAL

Sec. 8-40. Product approvals.

Any person desiring to use materials/products used for protection of the envelope of the structure, limited to windows, exterior glazing, wall cladding, roofing, exterior doors, skylights, glass block, siding and shutters shall obtain a high wind velocity zone approval from the Florida Building Commission or shall obtain a local approval [[from the Building Code Compliance Office]] >>in accordance with Sections 553.842 and 553.8425 of the Florida Statutes<(a) Local approval of construction products and assemblies.

(1) Any person or firm, not having an approval from the Florida Building Commission and desiring to supply, furnish, manufacture or fabricate construction products or assemblies, to the extent required by the Building Code shall make application for approval to the>>Director of the<< Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<
(2) [[The Chief Building Code Compliance Officer shall recommend to the Building Code and Product Review Committee the approval of such materials/products, if it is clear that the standards of the Building Code are at least equaled. If, in the opinion of the Chief Building Code Compliance Officer the standards of the Building Code will not be satisfied by the requested material/product, the Chief Building Code Compliance Officer shall recommend to the Product Review Committee to refuse approval.]]

(3) The application for local product approval shall be made in accordance with the administrative order governing product approval and shall set forth and describe plant methods, personnel, equipment, control procedure, and such other information as may be required to insure compliance of the product or assembly with the Building Code.

(3)(4) The Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<< may approve such product, plant or manufacturing procedure and issue a Certificate of Competency or [[recommend to the Building Code and Product Review Committee the issuance of]] >>issue<< a product approval, as appropriate, after payment of the required fee, upon a finding that such project, plant or manufacturing procedure complies with the Building Code. The Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<< will recommend the establishment of conditions and limitations on the use of any product submitted for approval.

(5)(6) The Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<< may [[recommend to the Building Code and Product Review Committee to]] deny, suspend or revoke a product approval or Certificate of Competency upon a finding that a product, plant or procedure does not comply with the Building Code or violates a condition of its approval. >>Appeal from this decision of the Building and Neighborhood Compliance Department shall be to the Board of Rules and Appeals.<<

(6)(7) The manufacturer's or fabricator's name or insignia shall be clearly indicated on each prefabricated structural assembly.

(7)(8) Appeal from a decision of the Building Official to refuse to accept a product or assembly, which has been previously approved by the Building [[Code Compliance Office]] >>and Neighborhood Compliance Department<>Board of Rules and Appeals.<Section 7. Following adoption of this ordinance any remaining references to “Office of Code Compliance” in the Code of Miami-Dade County or in the County’s Administrative Orders and Implementing Orders shall be amended to refer to “Building and Neighborhood Compliance Department”.

Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that Sections 6 and 7 of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be re-numbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.

Section 9. All Implementing Orders and other actions of the Board setting fees and charges, as well as all fees consistent with appropriations adopted herein, are hereby ratified, confirmed and approved; and may be subsequently amended by Board action during the fiscal year.

Section 10. The revised Implementing Order setting the Miami-Dade Seaport Department rates, fees and charges as reflected in attachment A is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 11. The revised Implementing Order setting Animal Services Department fees as reflected in attachment B is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 12. The revised Implementing Order setting the Building and Neighborhood Compliance Department fees as reflected in attachment C is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 13. The revised Implementing Order setting Medical Examiner fees and charges as reflected in attachment D is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 14. The revised Implementing Order setting Library Department fees as reflected in attachment E is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 15. The revised Implementing Order setting Water and Sewer Department rates, fees, and charges as reflected in attachment F is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 16. The revised Implementing Order setting Planning and Zoning Department fees as reflected in attachment G is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 17. The revised Implementing Order setting the Parks and Recreation Department fees as reflected in attachment H is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 18. The revised Implementing Order setting Vizcaya Museum and Gardens fees and charges as reflected in attachment I is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 19. The revised Implementing Order setting the Department of Emergency Management fees as reflected in attachment J is made part hereof and the Implementing Order may be subsequently amended by Board action during the fiscal year.

Section 20. The revised schedule of Miami-Dade Fire Rescue Emergency Medical Services rates as reflected in attachment K are approved and made a part hereof.

Section 21. The revised summary setting the Aviation Department rates, fees and charges as reflected in attachment L are made part hereof and these rates, fees and charges may be subsequently amended by Board action during the fiscal year.

Section 22. The revised annual Special Taxing District rates as reflected in attachment M are approved and made a part hereof. These rates for the referenced Special Taxing Districts are hereby levied.

Section 23. The pay rates set forth in the FY 2010-11 Pay Plan are hereby approved.

Section 24. All allocations and reallocations of bond proceeds and interest earnings included in the 2010-11 Proposed Capital Budget and Multi-Year Capital Plan, as may be amended, are hereby authorized.

Section 25. The County Mayor, or whomever he shall so designate, is hereby authorized to use interest earned on deposit of Public Improvement Bond funds to establish and maintain an Interest and Sinking Fund Reserve Account in an amount not to exceed one year's maximum principal and interest. Interest earned in excess of the reserve shall be distributed to Public Improvement Bonds Construction Funds in accordance with standard accounting practices.

Section 26. The Finance Director is hereby authorized to establish and to receive and expend funds up to amounts received without specific appropriation pursuant to Section 5.03(C) of the Home Rule Charter for existing trust funds, working capital funds, bond construction funds, pension funds, revolving funds and any other such funds as may be approved by motion of the Board of County Commissioners during the 2010-11 fiscal year.

Section 27. The Finance Director is hereby authorized to make payment of local business tax surcharge revenues for FY 2010-11 to the Miami-Dade County Beacon Council, Inc., in accordance with state law and Resolution No. 1066-88 which authorizes the agreement between Miami-Dade County and the Beacon Council.

Section 28. All grant, donation, and contribution funds received by the County are hereby appropriated at the levels and for the purposes intended by the grants, donations and contributions.

Section 29. The County Mayor or his or her designee is hereby authorized to execute agreements for funding allocations for Community-based Organizations approved in this ordinance as a result of a Request for Proposal or other formal selection process or individual allocations approved by the Board in the form approved by the County Attorney.

Section 30. Notwithstanding any other provision of the County Code, resolution or Implementing Order to the contrary, non-profit entities awarded grants of County monies from the District Discretionary Reserve, Commission Office Funds, or County Services Reserve shall not be required to complete affidavits of compliance with the various policies or requirements applicable to entities contracting or transacting business with the County.

Section 31. Payment by a municipality to the Municipal Services Trust Fund shall be used for services which provide benefits to the municipality or the residents thereof.

Section 32. Unless otherwise prohibited by law, this ordinance shall supersede all provisions of prior ordinances and resolutions in conflict herewith; provided, however, nothing in this ordinance shall amend or supersede the requirements of Ordinance 07-45, as amended.

Section 33. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 34. All provisions of this ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon override by this Board. In the event all or any particular component of this ordinance are vetoed, the remaining components, if any, shall become effective ten (10) days after the date of enactment and the components vetoed shall become effective only upon override by this Board.